N.Y. Comp. Codes R. & Regs. tit. 21 § 9605.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 9605.6 - Certification

(a) The authority shall have the power to certify, recertify and decertify a contractor or a subcontractor as an LBE or GLBE upon a determination that the contractor or subcontractor has met or failed to meet the eligibility requirements and conditions set forth in this Part.

(b) A contractor or subcontractor denied certification as an LBE or GLBE will be given written notice of such denial and an opportunity to appeal such denial in writing to the authority. Such appeal must be received by the authority not more than 10 business days after receipt by such contractor or subcontractor of the notice denying its certification. Such appeal shall include, at a minimum, a description of the reason(s) why the contractor or subcontractor believes the denial of certification was in error and any evidence in support of its appeal. Such contractor or subcontractor shall provide the authority with such other documentation or other information as may be requested by the authority. The decision of the authority's general counsel or his designee granting or denying such certification shall constitute the final authority determination.

(c) The authority shall notify the proposed LBE/GLBE contractor or subcontractor (and prime contractor where applicable) of its certification determination within 60 calendar days of the receipt of complete certification documents.

(d) Certification by other government entities will be considered by the authority.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9605.6